In our December 22, 2015 and February 4, 2016 blogs, we detailed new restrictions on the eligibility of individuals who have been recently present in Iraq, Syria, Iran, or Sudan, and individuals who hold dual nationality of one of those countries, to participate in the Visa Waiver Program (VWP).
On February 18, 2016, the Department of Homeland Security announced the addition of Libya, Somalia, and Yemen to their list of “countries of concern.”. In effect, individuals who have traveled to or been present in one of these countries since March 1, 2011 are also now prevented from entering the U.S. under the VWP (with limited exceptions), and will need to apply for a visa using the regular immigration process at a U.S. Embassy or Consulate abroad. However, the restriction on VWP travel will not apply to dual nationals of these countries, at least for now. Consultations are continuing between the Departments of Homeland Security and State and The Office of the Director of National Intelligence on the development of further criteria to determine which countries should be added to the dual national list.
Please refer to our previous blogs for further background and information regarding the VWP and the restrictions now imposed. We will continue to monitor developments and to keep you informed!